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<br /> DEED �F TRUST
<br /> tCont�nued} Page 5
<br /> Defe�ti►►e Co�iateralization. This Deed of Trust vr any vf the Related Dvcuments �eases to be in ful! force and
<br /> effect �including faiiure of any col�ateral document t❑ create a �alid and perfecte� security interest or lien} at any
<br /> time and#vr any reason.
<br /> Insol�ency. The dissolutian or termination vf the Trust. the insol�ency Qf Trustor.the appointment of a recei�er for
<br /> any part af Trustor's proparty. any assignment fvr the benefit of creditvrs, any type of creditar workout, or the
<br /> �ommencement�f any proceeding under any bankruptcy❑r insol�ency laws by or against Trustor.
<br /> Creditor ar Fvrfeiture Praceedings. Commencement af fareclasure or forfeiture pro�eedings. whether by �udic�a!
<br /> proceeding, self-h��p, repossessivn or any other method, by any creditvr of Trustor ar by any go►►ernmen#al agency
<br /> against any property securing the Indebt�dness. This includes a garnishment v� any of Trustor's accounts,
<br /> including depasit accounts, with Lender. Hawe�er, this E��nt of De#ault shall not apply if there is a gvod faith
<br /> dispute by Trustor as t❑ the �alidity vr reas�nableness of the ciaim which is the basis of the creditor ar farfeiture
<br /> prviceeding and if Trustor gi�es Lender written notice of the creditor or forfeiture prviceeding and deposits with
<br /> Lender mvnies or a surety bvnd far the creditor�r forfeiture proc�eding. in an amvunt det�rmined by Lender, in its
<br /> svle dis�retion. as being an adequate reser�e vr b�nd fvr the dispute.
<br /> Breach of�#her Agreement. Any breach by Trustvr under the terms❑f any other agreement hetween Trustar and
<br /> Lender that is nvt remedied within any grace period pro�ided therein, including ►n►ithout limitati�n any agreement
<br /> concerning any indebtedness vr�ther obligation of Trustor to Lender, whether existing naw or lat�r.
<br /> E�snts Affecting Guarantor. Any o# the pre�eding e�ents o�Gurs with respect to any Gua�antor vf any �f the
<br /> Indebtedness vr any Guarant�r dies ❑r becvmes incompetent. ar re�okes vr disputes the �alidity of, or liability
<br /> under, any Guaranty af the lndebtedness.
<br /> Ad�erse �hange. A material ad�erse change ❑ccurs in Trustor's financial condition, or Lender belie�es the
<br /> prospect of payment or performance af the Indebtedness is impaired.
<br /> Insecurity. Lender in good fa�th belie�es itself insecure.
<br /> R�ght ta Cure. If any default, �ther than a default in payment, is curable and if Trustor has not been gi�en a nvtice
<br /> of a breach of the same pro�isi�n of this Deed vf Trust within the preceding twel�e �12f months. it may be cured if
<br /> Trustor, after Lender sends written notice ta Trustvr demanding cure vf such default: ��y cures the default within
<br /> twenty �2�f days; or ��y if the cure requires mvre than twenty �2�y days, immediately initiates steps which
<br /> Lender deems in Lender's svle discretivn to be sufficient ta cure th� dsfault and thereafter cont�nues and
<br /> compfetes all reasonahle and necessary steps su##icient to produ�e�ompliance as sovn as reasonably practical,
<br /> RIGHTS AND REMEDIES �N DEFAULT. I# an E�ent af Default o�curs under this Deed afi Trust� at any time �hereafter�
<br /> Trustee or Lender may exercise any one or mvre of the following rights and remedies:
<br /> Accelerativn Upvn De#ault: Additivnal Remedies. If any E��nt af Default occurs as per the terms of the Note
<br /> secured here�y, Lender may deciare all Indebtedness secured by this Ueed of Trust t�be due and payable and
<br /> the same shall thereupon become due and payable without any presentment, demand. pcotest or notice of any
<br /> kind. Th�reafter, Lender may:
<br /> �ay Either in person or by agent, with vr withvut brin�ing any activn or prviceeding, or by a recei�er
<br /> appointed by a court and without regard to th� adequacy of its security, enter upon and take possession
<br /> of the P�aperty, flr any part thereaf, in its❑wn name v�in the name of Trustee, and da any acts which it
<br /> deems necessary vr desirable to preser�e the�alue, marketability❑r rentahility of the Property. or part of
<br /> the Property �r interest in the Property; increase the income from the Property or pr�tect the security of
<br /> the Propsrty; and, with or with�ut taking possessian of the Property, sue for nr otherwise �ollect the
<br /> rents, issues and profits ofi the Property� including those past due and unpaid, and apply the same, less
<br /> costs and expenses❑fi�p�ration and callection attorneys' fees, to any indebtedness secured by this Deed
<br /> of Trust, all in such order as Lender may determine. The entering upon and taking possessian of the
<br /> Prvperty, the callection of such rents� issues and profits, and the applicatian thereof shall not cure or
<br /> wai�e any default or nvtic� vf default under th�s Deed of Trust flr in�alidate any a�t dvne in response to
<br /> such default or pursuant tv such noti�e vf default; and. notwithstanding the continuance in possession of
<br /> the Pr�perty �r the collection, receipt and appli�ativn of rents, issues or profits, Trustee ❑r Lender shali
<br /> be entitled ta exercise e�ery right pro�ided for in the Note or the Related Documents or by law upon the
<br /> occurrence vf any e�ent of defiau�t, including the right to exercise the pawer afi sale;
<br /> (by Commence an action to fvreclase this Deed of Trust as a mortgage, appoint a recei�er vr speci�ically
<br /> enforce any of the co�enants hereof; and
<br /> �cy ❑�li�e�tv Trustee a written declaration vf defaul�and demand for sale and a written notice❑f default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the apprapriate vffices of the County in which the Property is Iocated; and
<br /> �d� With respect tv all ar any part�fi the Personal Property� Lender shall ha�e a�l the rights and remedies
<br /> of a secured party under the Nebraska Unifarm Commer�ial Code.
<br /> Foreclosure by Power of Sale. If Lender el�cts to foreclos�hy exercise of the Power of Safe herein con#ained.
<br /> Lender sha�l nvtify Trustee and shall d�posit with Trustee this Deed o#Trust and the Nate and such receipts
<br /> and e�idence vf expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> taf upon receipt❑f such notice from Lender, Trustee shall cause tv be re�vrded, puhl�shed and deli�ered
<br /> to Trustor such Notice vf Default and Notice of Sale as then required hy law and hy this Deed of Trust.
<br /> Trustee shall, withaut demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Nvtice of Default and after Not�ce vf Sa�e ha�ing been gi�en as �equired by law. sell
<br /> the Prvperty at the time and place of saEe fixed hy it in such Notice of Sale. eith�r as a whole, vr �n
<br /> s�parat� lots or parcels or items as Trustee sha�l deem expedient, and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee sha11 deli�er to such pur�haser or purchasers thereof its good and sufficient deed or
<br /> deeds can�eying the property so sold. but withaut any co�enant or warranty, express ar impiied. The
<br /> recitals in such deed of any matters ar #acts shall be conclusi�e proo� ❑f the t�ruthfulness thereofi. Any
<br /> pers�n, �nc�uding without limi�ation Trustor, Trustee, or L�nder, may purchase at such sale.
<br /> �b} As may be permitted �y law, after deducting all costs, fiees and expenses of Trustee and of this
<br /> Trust, inciuding casts of e�idence of titl�in cvnnection with sa�e, Trustee shall apply the prvc�eds❑f sale
<br /> tv payment of tif all sums expended under the terms vf this Deed of Trust or under the terms of the Note
<br /> not then repaid. including but not iimited ta a�cru�d interest and late �harges. tiiy all other sums then
<br /> s�cured hereby. and tiiiy the remaind�r, �f any, to the person vr persons legally�ntitled theretv.
<br /> �cy Trustee may in the manner pro�ided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Ex�lusi�e. Trustee and Lender. and each of them, shall be entitled to enforce payment and
<br /> p�rfiarmance�f any indebtedness or obligations secured by this Deed❑f Trust and to exercise all rights and powers
<br /> und�r this Deed o# Trust, under the Nate, under any ofi the Related Documents, or under any other agreement a�
<br /> any laws now or hereafter in fvrce; notwithstanding, some or a!I of such indebtedness and �bligations se�ured by
<br /> this Deed of Trust may now or hereaft�r be ❑therwise s�cured, whether by mortgage. deed of t�ust, pledge, lien,
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